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Monday, June 13, 2011

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  • gcnirvana
    04-30 12:37 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!





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  • mhtanim
    10-28 03:29 PM
    You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.

    Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.

    Applying for a SSN and getting it and has NO impact on your immigration status.





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  • andy garcia
    06-27 01:19 PM
    I-140 approval with 6/06 as PD for EB2. But the notice says that the information submitted with the petition shows that the individual may not be be eligible to file for AOS at this time. Additional information about eligibility may be obtained from local INS office?? Is this how the approval should state

    Do not worry.

    At the time of approval your PD was not current, which is until Jume 30.
    After July 1 you can apply for AOS.





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  • InTheMoment
    03-01 10:34 PM
    That is right. If it is feasible go for it. Also, what do you mean by residency for ur wife..medical one ?

    In either case she can always come here for interviews on a B2 visitor, I know people who have done/doing it for medical residency.



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  • RNGC
    07-05 12:17 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.





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  • ramus
    06-11 06:11 PM
    Guys....

    Why we starting new thred for anything.. members should do more active things rather then just creating new thred...

    Pappu asked us 100... times not to create but we won't listen to him.





    Mistake..............Now i am not able to change the title-sorry guys.



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  • kanshul
    02-01 09:36 AM
    Fair enough.

    You said you don't have EAD.

    Did you file for 485? If yes was it in July 2007? Please update your profile.





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  • terpcurt
    January 1st, 2005, 09:54 AM
    The alien bees are nice, and you can a good setup and not spend $2,000....... I got 2 bees, stands, wired remotes, hard side travel case, umbrellas and a softbox for less than $1,000.



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  • vxg
    03-26 12:38 PM
    I filed last week using USPS. I added the service where in the mailed you a signed receipt that it was received basically you fill a pre paid postcard with your address for the receiver to sign and send back to you. I received that back from TSC it is signed by some one with a TSC stamp. USPS delivered it in two days and only cost about $6 ( I used priority mail).

    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!





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  • whoever
    07-20 02:09 PM
    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.



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  • smiledentist
    06-21 10:59 AM
    Bump..





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  • redcard
    07-16 09:27 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..


    I doubt this very much to be true...in case it is.. USCIS has a big problem in their hands.. they really need to clean up the house.. before the shi** hits the roof..



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  • snathan
    07-10 12:46 PM
    I think, you can still work on H1 even though your current extension is pending

    Do you understand the question first...





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  • GCard_Dream
    11-30 09:39 PM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.



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  • jambapamba
    08-03 07:34 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards

    Now I see why you keep asking the same question...you started the thread.

    Ok, here you go...
    1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
    2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).





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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).



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  • immihelp1
    10-12 09:57 AM
    you can show either passport or driving licence. They won't ask anything in specific.

    It's your call

    Thanks,





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  • sideeque
    12-27 03:05 PM
    I have visited India with old Employer Vis a Stamp. We just need to show the new I797 approval notice. They will update I-94 with the new date.

    But if your visa expired, then you need to stamp. otherwise should be fine...





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  • muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.


    Regards,





    Raj Iyer
    09-23 04:00 PM
    Omi:

    In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.





    jax999
    01-29 05:18 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.



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